Common use of Surrender of Trust Securities and Withdrawal of Preferred Securities Clause in Contracts

Surrender of Trust Securities and Withdrawal of Preferred Securities. Any Person who is the beneficial owner (an "Owner") of the Trust Securities represented by the global certificate held by a Clearing Agency as reflected in the records of the Clearing Agency or successor Clearing Agency or, if a participant in the Clearing Agency is not the Owner, then as reflected in the records of a Person maintaining an account with such Clearing Agency (directly or indirectly), in accordance with the rules of such Clearing Agency, may withdraw all, but not less than all, of the Preferred Securities represented by such Trust Securities by providing a written notice and an agreement to be bound by the terms of the Partnership Agreement to the Property Trustee at the Corporate Trust Office or at such other office as the Property Trustee may designate for such withdrawals, all in form satisfactory to the Regular Trustees. Within three (3) business days after such request has been properly made, (i) the Owner or the Owner's agent shall instruct the Clearing Agency to reduce the number of Trust Securities represented by the global certificate held by the Property Trustee on behalf the Clearing Agency by an amount equal to the number of Trust Securities to be so withdrawn by the Owner, (ii) the Partnership shall issue to the Owner a certificate, in form substantially similar to that certificate attached as Exhibit A to the Partnership Agreement, representing the number of Preferred Securities so withdrawn (and equal to the number of Trust Securities so reduced pursuant to subsection (i) hereof) and (iii) the Property Trustee, on behalf of the Trust, shall notify the Partnership of the withdrawal and the Partnership shall reduce the number of Preferred Securities represented by the global certificate held by the Property Trustee by a like amount. If an Owner of Trust Securities withdraws Preferred Securities in accordance with this Section 5.6, such Owner of Trust Securities shall cease to be an Owner with respect to the withdrawn Trust Securities. An Owner who wishes to withdraw Preferred Securities in accordance with this Section 5.6 will be required to provide the Grantor with a completed Form W-9 or such other documents or information as are requested by the Grantor for tax reporting purposes and thereafter shall be admitted to the Grantor as a preferred limited partner of the Grantor upon such Owner's receipt of a certificate evidencing such Preferred Securities registered in such Owner's name. The Partnership shall deliver the Preferred Securities represented by the surrendered Trust Securities to the Owner in accordance with this Section 5.6, at the request, risk and expense of the Owner and for the account of the Owner thereof, such delivery may be made at such other place as may be designated by such Owner. Notwithstanding anything in this Section 5.6 to the contrary, if the Preferred Securities represented by Trust Securities have been called for redemption in accordance with the Partnership Agreement, no Owner of such Trust Securities may withdraw any or all of the Preferred Securities represented by such Trust Securities.

Surrender of Trust Securities and Withdrawal of Preferred Securities. Any Person who is the beneficial owner (an "Owner") of the Trust Securities represented by the global certificate held by a Clearing Agency as reflected in the records of the Clearing Agency or successor Clearing Agency or, if a participant in the Clearing Agency is not the Owner, then as reflected in the records of a Person maintaining an account with such Clearing Agency (directly or indirectly), in accordance with the rules of such Clearing Agency, may withdraw all, but not less than all, of the Preferred Securities represented by such Trust Securities by providing a written notice and an agreement to be bound by the terms of the Partnership Agreement to the Property Trustee at the Corporate Trust Office or at such other office as the Property Trustee may designate for such withdrawals, all in form satisfactory to the Regular Trustees. Within three (3) business days after such request has been properly made, (i) the Owner or the Owner's agent shall instruct the Clearing Agency to reduce the number of Trust Securities represented by the global certificate held by the Property Trustee on behalf of the Clearing Agency by an amount equal to the number of Trust Securities to be so withdrawn by the Owner, (ii) the Partnership shall issue to the Owner a certificate, in form substantially similar to that certificate attached as Exhibit A to the Partnership Agreement, representing the number of Preferred Securities so withdrawn (and equal to the number of Trust Securities so reduced pursuant to subsection (i) hereof) ), provided that the Partnership shall not issue any fractional number of Preferred Securities, and (iii) the Property Trustee, on behalf of the Trust, shall notify the Partnership of the withdrawal and the Partnership shall reduce the number of Preferred Securities represented by the global certificate held by the Property Trustee by a like amount. If an Owner of Trust Securities withdraws Preferred Securities in accordance with this Section 5.6, such Owner of Trust Securities shall cease to be an Owner with respect to the withdrawn Trust Securities. An Owner who wishes to withdraw Preferred Securities in accordance with this Section 5.6 will be required to provide the Grantor with a completed Form W-9 or such other documents or information as are requested by the Grantor for tax reporting purposes and thereafter shall be admitted to the Grantor as a preferred limited partner of the Grantor upon such Owner's receipt of a certificate evidencing such Preferred Securities registered in such Owner's name. The Partnership shall deliver the Preferred Securities represented by the surrendered Trust Securities to the Owner in accordance with this Section 5.6, at the request, risk and expense of the Owner and for the account of the Owner thereof, such delivery may be made at such other place as may be designated by such Owner. Notwithstanding anything in this Section 5.6 to the contrary, if the Preferred Securities represented by Trust 25 Securities have been called for redemption in accordance with the Partnership Agreement, no Owner of such Trust Securities may withdraw any or all of the Preferred Securities represented by such Trust Securities.

Surrender of Trust Securities and Withdrawal of Preferred Securities. Any Person who is the beneficial owner (an "Owner") of the Trust Securities represented by the global certificate held by a Clearing Agency as reflected in the records of the Clearing Agency or successor Clearing Agency or, if a participant in the Clearing Agency is not the Owner, then as reflected in the records of a Person maintaining an account with such Clearing Agency (directly or indirectly), in accordance with the rules of such Clearing Agency, may withdraw all, but not less than all, of the Preferred Securities represented by such Trust Securities by providing a written notice and an agreement to be bound by the terms of the Partnership Agreement to the Property Trustee at the Corporate Trust Office or at such other office as the Property Trustee may designate for such withdrawals, all in form satisfactory to the Regular Trustees. Within three (3) business days after such request has been properly made, (i) the Owner or the Owner's agent shall instruct the Clearing Agency to reduce the number of Trust Securities represented by the global certificate held by the Property Trustee on behalf the Clearing Agency by an amount equal to the number of Trust Securities to be so withdrawn by the Owner, (ii) the Partnership shall issue to the Owner a certificate, in form substantially similar to that certificate attached as Exhibit A to the Partnership Agreement, representing the number of Preferred Securities so withdrawn (and equal to the number of Trust Securities so reduced pursuant to subsection (i) hereof) ), provided that the Partnership shall not issue any fractional number of Preferred Securities, and (iii) the Property Trustee, on behalf of the Trust, shall notify the Partnership of the withdrawal and the Partnership shall reduce the number of Preferred Securities represented by the global certificate held by the Property Trustee by a like amount. If an Owner of Trust Securities withdraws Preferred Securities in accordance with this Section 5.6, such Owner of Trust Securities shall cease to be an Owner with respect to the withdrawn Trust Securities. An Owner who wishes to withdraw Preferred Securities in accordance with this Section 5.6 will be required to provide the Grantor with a completed Form W-9 or such other documents or information as are requested by the Grantor for tax reporting purposes and thereafter shall be admitted to the Grantor as a preferred limited partner of the Grantor upon such Owner's receipt of a certificate evidencing such Preferred Securities registered in such Owner's name. The Partnership shall deliver the Preferred Securities represented by the surrendered Trust Securities to the Owner in accordance with this Section 5.6, at the request, risk and expense of the Owner and for the account of the Owner thereof, such delivery may be made at such other place as may be designated by such Owner. Notwithstanding anything in this Section 5.6 to the contrary, if the Preferred Securities represented by Trust Securities have been called for redemption in accordance with the Partnership Agreement, no Owner of such Trust Securities may withdraw any or all of the Preferred Securities represented by such Trust Securities.